Wedel
Wedel v. United States
Opinion
Lead Opinion
Eudkin, J.
Section 21 of the National Prohibition Act (Comp. St. Ann. Supp. 1923) § 10138½jj) declares that any room, house, building, boat, vehicle, structure or place where intoxicating liquor is manufactured, sold, kept, or bartered in violation of the act, is a common nuisance. Section 22 (Comp. St. Ann. Supp. 1923, § 10138½k) provides that an action to enjoin any such nuisance may be brought in the name of the United States; by the Attorney General of the United States, or by any United States, attorney, or any prosecuting *463 attorney of any state or any subdivision thereof, or by the commissioner, or by his deputies or assistants; that such action shall be brought and tried as an action in equity, and may be brought in any court having jurisdiction to hear and determine equity cases; and that, if it is made to appear by affidavits, or otherwise, to the satisfaction of the court, or judge in vacation, that such nuisance exists, a temporary injunction shall forthwith issue restraining the defendant from conducting or continuing such nuisance until the conclusion of the trial. Section 24 (Comp. St. Ann. Supp. 3923, § 10138½ll) provides that, in case of the violation of any injunction,…